THE LAWS OF ANGLING. 191 



though it be upon a common, or adjoining to the 

 king's liighway, or adjoining to another man*s 

 ground, who gives licence. But in case of a 

 river, where one or more have liberia piscaria 

 only, it is otherwise ; for there the fishes are said 

 to be ferce naturd ; and the taking of them with 

 an angle is not trespass, for that no man is said 

 to have a property in them till he have caught 

 them ; and then it is a trespass for any to take 

 them from him. But this is not to be under- 

 stood of fishes confined to a man's own ground, 

 by gates or otherwise, so that they cannot pass 

 away, but may be taken out or put in at plea- 

 sure ; for in that case the party hath a property 

 in them, as in the case of a standing pool. 



But where any one hath separalis piscaria, as 

 in Child and Greenliill's case in Trin. 15, Car. I., 

 in the King's Bench, there it seemeth that the 

 fish may be said to be his, because no man else 

 may take them whilst they are within his several 

 fishing. Therefore what is meant by a several 

 fishing is necessary to be considered. And 

 though the difference between a free fishing and 

 a several fishing be often treated of in the an- 

 cient books of the law ; and some opinions will 

 have the difference to be great, and others small. 



